Worcester Township City Zoning Code
ARTICLE XXVI
Zoning Hearing Board
§ 150-216 Appointment.
The Board of Supervisors of Worcester Township shall appoint a Zoning Hearing Board consisting of three members. The Board of Supervisors shall designate one such member to serve until the first day of January following the effective date of this chapter, one until the first day of the second January thereafter and one until the first day of the third January thereafter; shall appoint their successors on the expiration of their respective terms to serve three years; and shall fill any vacancy for the unexpired term of any member whose term becomes vacant.
§ 150-217 Powers and duties.
The Zoning Hearing Board shall have the following powers:
A.
Appeals and interpretations:
(1)
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter and of regulations adopted pursuant thereto.
(2)
To interpret upon the words, terms, rules, regulations, provisions and restrictions of this chapter where there is doubt as to the meaning thereof, including determination in the specific instances whether questionable uses are permitted by virtue of being similar to or customarily incidental to permitted uses as provided by this chapter.
B.
Special exceptions: to hear and decide special exceptions to the terms of this chapter, in such cases as are herein expressly provided for, in harmony with the general purposes and intent of this chapter, with power to impose appropriate conditions and safeguards.
C.
Variance: to authorize, upon appeal, such variance from the terms of this chapter as the Board feels will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
§ 150-218 Standard for Zoning Hearing Board actions.
In any instance where the Zoning Hearing Board is required to consider any of those matters itemized in § 150-217, in accordance with the provisions of this chapter, the Zoning Hearing Board shall, among other things:
A.
Consider the suitability of the property for the use desired; assure itself that the proposed change is consistent with the spirit, purpose and intent of the Zoning Ordinance.
B.
Determine that the proposed change will not substantially injure or detract from the use of neighborhood property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded.
C.
Determine that the proposed change will serve the best interest of the Township, the convenience of the community (where applicable) and the public welfare.
D.
Consider the effect of the proposed change upon the logical efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools.
E.
Determine that any sewage or waste resulting from the proposed use will and can be satisfactorily disposed of, and if such sewage is to be disposed of on an on-lot basis, that the size of the lot and nature of the soil are such as will ensure satisfactory sanitary subsurface disposal.
F.
Consider the effect of the proposed change or improvement in creating any runoff water or drainage problem that might be injurious to adjacent or nearby properties or create an expense for the Township.
G.
Consider the suitability of the proposed location of an industrial or commercial use with respect to probable effects on highway traffic and assure adequate access arrangements in order to protect major streets from undue congestion and hazard.
H.
Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable.
I.
Impose such conditions, in addition to those required, as are necessary to assure that the intent of the Zoning Ordinance is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements, adequate standards of parking and sanitation.
J.
Determine whether there are special circumstances or conditions fully described in the findings applying to the land or buildings for which the variance is sought, which justify that the application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
K.
Determine whether the unique circumstances for which the variance is sought were either created by the owner of the property or were due to or the result of general conditions in the district in which the property is located.
L.
Consider any hardship to the taxpayers of the Township that might result in the granting of uses that might be exempt from the payment of local real estate taxes, in view of loss of revenue, and cost of additional municipal services such as police, fire protection and roads.
§ 150-219 Variances.
A.
The Board shall hear requests for variances where it is alleged that the provision of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided that the following findings are made where relevant in a given case:
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
(2)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship has not been created by the appellant.
(4)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(6)
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Zoning Ordinance.
§ 150-220 Orders.
In exercising the above-mentioned powers, the Zoning Hearing Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and may make such additional order, requirement, decision or determination as ought to be made, as may be pertinent or germane, and, to that end, shall have all the powers of the officer from whom the appeal is taken.
§ 150-221 Rules of procedure.
The Zoning Hearing Board shall adopt rules of procedure in accordance with the several provisions of this chapter as to manner of filing appeals or applications for special exceptions or for variances from the terms of this chapter. The application shall include the reasons for which the applicant believes that the variance or special exception should be granted.
§ 150-222 Meetings.
Meetings of the Zoning Hearing Board shall be held at the call of the Chairman and at such times as the Zoning Hearing Board may determine. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Hearing Board shall be open to the public. The Zoning Hearing Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and keep records of its examinations and other official actions, all of which shall be immediately filed with the Township Secretary and shall be a public record.
§ 150-223 Technical assistance.
The Zoning Hearing Board, in considering any matter within its jurisdiction, may consult with the Worcester Planning Commission, the Montgomery County Planning Commission or any other specialist or groups of specialists having expert knowledge of the matter under consideration, but need not be bound thereby.
§ 150-224 Notice of hearings.
A.
Upon the filing with the Zoning Hearing Board of an application for a special exception or for variance or any interpretation from the terms of this chapter, the Board shall fix a reasonable time and place for a public hearing thereon and shall give at least seven days' notice as follows:
(1)
By publishing a notice in a newspaper of general circulation published in Montgomery County and circulated in the Township.
(2)
By mailing or serving due notices thereof to the parties in interest.
(3)
By mailing or serving notice thereof to the Board of Supervisors of the Township.
(4)
When the Zoning Hearing Board shall so order, by mailing or serving notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers of every lot on the same street within 500 feet of the lot or building in question, and of every lot not on the same street within 150 feet of said lot or building in question, and by posting a notice on the building or lot, provided that failure to give any notice required by this subsection shall not invalidate any action by the Zoning Hearing Board.
(5)
By mailing a notice to the Township Planning Commission.
B.
The notices herein required shall state the location of the building or other structure or lot and the general nature of the question involved.
§ 150-225 Expiration of special exceptions and variances.
[Amended 5-19-1999 by Ord. No. 170]
Unless otherwise specified by the Zoning Hearing Board, a special exception or variance shall expire if the applicant fails to obtain a permit in connection therewith within one year of the date of authorization thereof. In those instances where land development/subdivision approval is a necessary prerequisite prior to obtaining a building permit, the special exception or variance shall expire if the applicant fails to make a diligent effort to obtain such approval within six months following the date of approval. Upon receipt of land development approval, the special exception or variance shall expire if a building permit is not obtained within six months of the date of the land development approval.
§ 150-226 Certificates of the Zoning Hearing Board.
It shall be the duty of the Zoning Hearing Board to issue a certificate in any case wherein a special exception or variance is granted. The Zoning Hearing Board may cancel or revoke any such certificate for any violation of this chapter or of conditions imposed.
§ 150-227 Appeal to Court.
Any person aggrieved by any decision of the Zoning Hearing Board or any taxpayer or any officer of the Township may, within 30 days after any decision of the Zoning Hearing Board, appeal to the Court of Common Pleas of Montgomery County, by petition in such form as may be prescribed or authorized by law.
§ 150-228 Building permits.
In decisions where construction is allowed, the decision shall plainly state that before construction commences, a building permit shall be secured, and such shall be subject to the regular building fee, just as though the Zoning Hearing Board was not involved.